That the Parliament congratulates Channel 4 on marking International Day of Persons with Disabilities by launching a #PurpleLightup campaign across its network on 3 December 2018 and signing its entire programme schedule; praises Channel 4 News for helping raise awareness of the PurpleLightUp movement, created by the organisation, PurpleSpace, in 2017, to acknowledge the economic contributions of disabled people, and hopes that this exceptional initiative will encourage organisations across all industries and sectors to go purple in support of this noteworthy cause.

That the Parliament congratulates Channel 4 on marking International Day of Persons with Disabilities by launching a #PurpleLightup campaign across its network on 3 December 2018 and signing its entire programme schedule; praises Channel 4 News for helping raise awareness of the PurpleLightUp movement, created by the organisation, PurpleSpace, in 2017, to acknowledge the economic contributions of disabled people, and hopes that this exceptional initiative will encourage organisations across all industries and sectors to go purple in support of this noteworthy cause.

That the Parliament acknowledges the upcoming general election in Bangladesh on 30 December 2018; supports democracy and the rule of law; notes that, in May 2018, the state party committed to guaranteeing freedom of expression throughout Bangladesh; understands that reports from Amnesty International state that, since 2013, the police have charged 1,200 people and that 170 enforced disappearances have occurred; notes reports of the sentencing to death of 19 opposition party leaders, with the current opposition leader, Khaleada Zia, still in prison; hopes that there will be an end to the use of indiscriminate detention of political opposition; considers that violence against women and minority groups in Bangladesh is a serious and growing issue; deplores the possible impact of the Digital Security Act of Bangladesh passed on 8 October 2018, which it considers limits the basic human right to freedom of expression, grants broad and vaguely defined powers to authorities, and allows for up to 10 years imprisonment for going against the spirit of the "liberation war"; expresses concern regarding the possible impact of this legislation in repressing the independent functioning of the media; acknowledges in particular the reported arrest of the prominent photographer, Shahidul Alam, under section 57 of the act, based on comments on social media and an interview, and hopes that Bangladesh considers amending the law to make it consistent with the International Covenant on Civil and Political Rights in order to strengthen democracy, both in Bangladesh and internationally.

That the Parliament acknowledges the upcoming general election in Bangladesh on 30 December 2018; supports democracy and the rule of law; notes that, in May 2018, the state party committed to guaranteeing freedom of expression throughout Bangladesh; understands that reports from Amnesty International state that, since 2013, the police have charged 1,200 people and that 170 enforced disappearances have occurred; notes reports of the sentencing to death of 19 opposition party leaders, with the current opposition leader, Khaleada Zia, still in prison; hopes that there will be an end to the use of indiscriminate detention of political opposition; considers that violence against women and minority groups in Bangladesh is a serious and growing issue; deplores the possible impact of the Digital Security Act of Bangladesh passed on 8 October 2018, which it considers limits the basic human right to freedom of expression, grants broad and vaguely defined powers to authorities, and allows for up to 10 years imprisonment for going against the spirit of the "liberation war"; expresses concern regarding the possible impact of this legislation in repressing the independent functioning of the media; acknowledges in particular the reported arrest of the prominent photographer, Shahidul Alam, under section 57 of the act, based on comments on social media and an interview, and hopes that Bangladesh considers amending the law to make it consistent with the International Covenant on Civil and Political Rights in order to strengthen democracy, both in Bangladesh and internationally.

As an amendment to motion S5M-15126 in the name of Christina McKelvie (Demonstrating Leadership in Human Rights), insert at end ", and welcomes the Scottish Government’s commitment to incorporate the UN Convention on the Rights of the Child into law and its move to meet the minimum age of criminal responsibility specified by the UN Committee on the Rights of the Child, both of which are prerequisites in establishing Scotland as an international human rights leader."

As an amendment to motion S5M-15126 in the name of Christina McKelvie (Demonstrating Leadership in Human Rights), insert at end ", and welcomes the Scottish Government’s commitment to incorporate the UN Convention on the Rights of the Child into law and its move to meet the minimum age of criminal responsibility specified by the UN Committee on the Rights of the Child, both of which are prerequisites in establishing Scotland as an international human rights leader."

Current Status: Taken in the Chamber on 13/12/2018

That the Parliament recognises the vote of the House of Commons to hold the UK Government in contempt of the UK Parliament over its failure to publish the full legal advice from the Attorney General around the implications of the draft EU Withdrawal Agreement; notes that this vote then compelled the UK Government to publish that advice; congratulates MPs from all parties for asserting the supremacy of Parliament over the Executive; recognises that the Scottish Parliament does not have the power to hold the Scottish Government in contempt or bind it to the decisions of the Parliament, and considers that empowering the Scottish Parliament in this way would be a vital and welcome step forward in strengthening democracy.

That the Parliament recognises the vote of the House of Commons to hold the UK Government in contempt of the UK Parliament over its failure to publish the full legal advice from the Attorney General around the implications of the draft EU Withdrawal Agreement; notes that this vote then compelled the UK Government to publish that advice; congratulates MPs from all parties for asserting the supremacy of Parliament over the Executive; recognises that the Scottish Parliament does not have the power to hold the Scottish Government in contempt or bind it to the decisions of the Parliament, and considers that empowering the Scottish Parliament in this way would be a vital and welcome step forward in strengthening democracy.

Supported by: Willie Rennie, Mike Rumbles

That the Parliament notes the publication of the Taskforce for Lung Health report, A National Five Year Plan for Lung Health in England, by the British Lung Foundation and partners; further notes that the report is based on evidence of best practice respiratory care; recognises that Action for Pulmonary Fibrosis, the Association of British Pharmaceutical Industry, the Association of Chartered Physiotherapists in Respiratory Care, the Association of Respiratory Nurse Specialists, the Association for Respiratory Technology and Physiology, Asthma UK, the British Lung Foundation, the British Geriatrics Society, the British Society of Thoracic Imaging, the British Thoracic Society, the Chartered Society of Physiotherapy, the Cystic Fibrosis Trust, the Health and Safety Executive, the Interstitial Lung Disease Interdisciplinary Network, the Primary Care Respiratory Society, Respiratory Futures, NHS RightCare, the Roy Castle Lung Cancer Foundation, the Royal College of Anaesthetists, the Royal College of GPs, the Royal College of Nursing, the Royal College of Paediatrics and Child Health, the Royal College of Physicians, the Royal College of Radiologists, the Royal Pharmaceutical Society and the Society for Cardiothoracic Surgery in Great Britain and Ireland, on behalf of the Royal College of Surgeons, are members of the taskforce; understands that, although the recommendations in the report focus primarily on changes to be made in respiratory care in England, there are several recommendations that could be considered by the Scottish Government; urges the Scottish Government to consider the recommendations of the Taskforce for Lung Health as it develops its Respiratory Action Plan for Scotland, and commends members and patients for their work in developing this five-year plan for lung health.

That the Parliament notes the publication of the Taskforce for Lung Health report, A National Five Year Plan for Lung Health in England, by the British Lung Foundation and partners; further notes that the report is based on evidence of best practice respiratory care; recognises that Action for Pulmonary Fibrosis, the Association of British Pharmaceutical Industry, the Association of Chartered Physiotherapists in Respiratory Care, the Association of Respiratory Nurse Specialists, the Association for Respiratory Technology and Physiology, Asthma UK, the British Lung Foundation, the British Geriatrics Society, the British Society of Thoracic Imaging, the British Thoracic Society, the Chartered Society of Physiotherapy, the Cystic Fibrosis Trust, the Health and Safety Executive, the Interstitial Lung Disease Interdisciplinary Network, the Primary Care Respiratory Society, Respiratory Futures, NHS RightCare, the Roy Castle Lung Cancer Foundation, the Royal College of Anaesthetists, the Royal College of GPs, the Royal College of Nursing, the Royal College of Paediatrics and Child Health, the Royal College of Physicians, the Royal College of Radiologists, the Royal Pharmaceutical Society and the Society for Cardiothoracic Surgery in Great Britain and Ireland, on behalf of the Royal College of Surgeons, are members of the taskforce; understands that, although the recommendations in the report focus primarily on changes to be made in respiratory care in England, there are several recommendations that could be considered by the Scottish Government; urges the Scottish Government to consider the recommendations of the Taskforce for Lung Health as it develops its Respiratory Action Plan for Scotland, and commends members and patients for their work in developing this five-year plan for lung health.

As an amendment to motion S5M-14914 in the name of Miles Briggs (New Approach Needed to Tackle Scotland’s Drugs Crisis), after "Europe;" insert "believes that this is further evidence of the destructive decision taken by the Scottish Government to cut drug and alcohol partnership budgets by 20% in 2016-17, with severe human costs;".

As an amendment to motion S5M-14914 in the name of Miles Briggs (New Approach Needed to Tackle Scotland’s Drugs Crisis), after "Europe;" insert "believes that this is further evidence of the destructive decision taken by the Scottish Government to cut drug and alcohol partnership budgets by 20% in 2016-17, with severe human costs;".

That the Parliament congratulates the University of Edinburgh on being named the Sustainability Institution of the Year at the prestigious Green Gown Awards on 8 November 2018; praises the continuous committed and collective approach that is taken by the university to become more sustainable and socially responsible, including having successfully trialled eco-friendly products, which will be rolled out across all of the central area campus; notes that the Green Gown Awards are recognised around the world, and acknowledges the exceptional sustainability initiatives being undertaken by universities and colleges.

That the Parliament congratulates the University of Edinburgh on being named the Sustainability Institution of the Year at the prestigious Green Gown Awards on 8 November 2018; praises the continuous committed and collective approach that is taken by the university to become more sustainable and socially responsible, including having successfully trialled eco-friendly products, which will be rolled out across all of the central area campus; notes that the Green Gown Awards are recognised around the world, and acknowledges the exceptional sustainability initiatives being undertaken by universities and colleges.

That the Parliament congratulates the Craigmount High School debating team on their energy and determination in winning the 2018 St Andrews Schools Debate Competition; understands that this is one of Scotland's largest such competitions and aims to encourage young people to develop their self-confidence and intellectual skills and bring them a greater understanding of the world, and wishes the Craigmount pupils all the best.

That the Parliament congratulates the Craigmount High School debating team on their energy and determination in winning the 2018 St Andrews Schools Debate Competition; understands that this is one of Scotland's largest such competitions and aims to encourage young people to develop their self-confidence and intellectual skills and bring them a greater understanding of the world, and wishes the Craigmount pupils all the best.

As an amendment to motion S5M-14749 in the name of Joe FitzPatrick (Physical Activity, Diet and Healthy Weight), insert at end ", and reaffirms the call, which the Parliament agreed in the debate on motion S5M-04324 on 2 March 2017, for the Scottish Government to bring forward a national falls strategy, which it believes will help give people confidence in the physical landscape around them to enable a more active lifestyle."

As an amendment to motion S5M-14749 in the name of Joe FitzPatrick (Physical Activity, Diet and Healthy Weight), insert at end ", and reaffirms the call, which the Parliament agreed in the debate on motion S5M-04324 on 2 March 2017, for the Scottish Government to bring forward a national falls strategy, which it believes will help give people confidence in the physical landscape around them to enable a more active lifestyle."

Current Status: Taken in the Chamber on 15/11/2018

That the Parliament commends the work of Scotland's police force during bonfire week; notes that nine arrests have been made in Edinburgh, including some for reckless conduct towards the police; applauds the police for working effectively and undoubtedly with courage to ensure safety across Scotland; acknowledges the police officer who experienced severe burns on 5 November 2017 at an incident in Muirhouse, and encourages the public to enjoy bonfire week with consideration for the valuable and dedicated staff in the police force and fire and ambulance services.

That the Parliament commends the work of Scotland's police force during bonfire week; notes that nine arrests have been made in Edinburgh, including some for reckless conduct towards the police; applauds the police for working effectively and undoubtedly with courage to ensure safety across Scotland; acknowledges the police officer who experienced severe burns on 5 November 2017 at an incident in Muirhouse, and encourages the public to enjoy bonfire week with consideration for the valuable and dedicated staff in the police force and fire and ambulance services.

To ask the Scottish Parliamentary Corporate Body, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what its position is on the use of these in the Parliament complex.

Current Status: Expected Answer date 08/01/2019

To ask the Scottish Parliamentary Corporate Body, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what its position is on the use of these in the Parliament complex.

To ask the Scottish Government, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what (a) its position is on holding a public awareness campaign regarding their use and (b) action it can take to ban these devices.

Current Status: Expected Answer date 08/01/2019

To ask the Scottish Government, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what (a) its position is on holding a public awareness campaign regarding their use and (b) action it can take to ban these devices.

To ask the Scottish Government, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what its position is on banning their use in (a) health, (b) social care and (c) other premises.

Current Status: Expected Answer date 08/01/2019

To ask the Scottish Government, in light of reports that the use of electrical safety socket covers can lead to an increased risk of electrocution, what its position is on banning their use in (a) health, (b) social care and (c) other premises.

To ask the Scottish Government what action it is taking in response to the reported shortage of lawyers accepting legal aid.

Answered byAsh Denham
(13/12/2018):

A strong legal system is critical to the rule of law and upholding human rights. Any instability of that system would be a concern for the Scottish Government. However the Scottish Government disagrees that there is a shortage of legal aid providers and the evidence supports this position.

The Legal Services (Scotland) Act 2010 gave the Scottish Legal Aid Board the function of monitoring the availability and accessibility of legal services in Scotland, with reference to relevant factors relating to urban and rural areas. SLAB has arrangements in place to monitor legal services by analysing its data on trends in legal assistance and supply, and supplementing this with other sources of data about legal services, such as information from the Law Society of Scotland and the Scottish Courts and Tribunals Service. This data analysis is complemented with stakeholder engagement where possible. To date, SLAB has produced five reports on its monitoring work which cover civil legal issues. The reports have concluded that, for the areas of law covered, there is no evidence of systemic problems with supply.

SLAB also supports provision of publically funded legal advice throughout Scotland through the Civil Legal Assistance Office (CLAO), Public Defence Solicitors’ Office (PDSO), and the Solicitor Contact Line (SCL). CLAO has 4 hubs offering a different mix of casework in response to local conditions and assessment of other advice and legal providers within geographical area. Through PDSO and SCL legal advice on criminal matters can be accessed 24 hours a day whether the individual is located in Gretna or Lerwick. There is no evidence of systemic failures in criminal legal advice provision and this includes the police station duty advice scheme where the Solicitor Contact Line, Public Defence Solicitors Office and private firms have met any request for advice.

Solicitors in all parts of Scotland are able to access funding for work carried out under the legal assistance schemes. The schemes are also flexible enough to allow solicitors to travel to rural and remote parts of the country to carry out work should it not be possible to instruct a local agent.

Under the current legal aid system the Scottish Government cannot directly regulate the amount of legal aid work private solicitor firms undertake. Put plainly the Scottish Government cannot insist that a private solicitor take on a client. This is a private business decision which the Scottish Government cannot interfere with.

Any changes made to the legal aid system via primary or secondary legislation are subject to a Business Regulatory Impact Assessment. The Independent Strategic Review of Legal Aid published in February this year made recommendations on securing legal advice supply in areas of law/geography and this will be consulted upon in 2019.

The legal aid budget in Scotland is demand led. Those who meet the eligibility criteria for both civil and criminal legal aid will have access to it. Despite cuts to the Scottish Budget from Westminster, Scottish Ministers have maintained the scope of legal aid and have not cut its availability; all who are eligible for assistance will continue to benefit from it.

Applications for legal aid are falling and the business for criminal defence agents has reduced (by 42% since 2006-07), however, the number of solicitors has not reduced proportionately, indicating sufficient capacity in the sector. Therefore legal aid expenditure has been reducing over several years due to a reduction in clients rather than providers not because of “cuts”.

In acknowledgement of the financial challenges being faced by the legal profession in face of falling volumes of business, changes in court processes and levels of fees, the Scottish Government announced that all legal aid providers in Scotland will benefit from a 3% uplift in legal aid fees from April. This includes police station attendance fees which have been in place for less than a year. This is in direct contrast to the position in England and Wales where a 1% uplift has been agreed for barristers only.

In addition to this, the Scottish Government response to the Independent Review of Legal Aid published on 29 November 2018 recognised that there is an opportunity to develop a new statutory framework for a modern, forward-looking and user-centred legal aid service for Scotland. The response signalled the Scottish Government’s willingness to take forward supported recommendations that will deliver an enhanced system of legal aid across Scotland and the ambition that publicly funded legal assistance continues to be recognised as an invaluable public service.

There is real value for both users and providers in achieving a user-focused and diverse delivery model; users can access appropriate interventions at the right time, and providers can better target their expertise to those who require it. The Scottish Government will consult on this in 2019 and will seek views on how to deliver this.

The response also included a commitment to take forward the recommendations under Strategic Aim 4 and establish a payment review panel who will consider how this can be achieved. This will include consideration of methods of provision when areas of law/geography are not currently available.

This should signal to all that the Scottish Government is committed to developing a fair, sustainable, user-centred, legal aid service.

Current Status: Answered by Ash Denham on 13/12/2018

To ask the Scottish Government what action it is taking in response to the reported shortage of lawyers accepting legal aid.

To ask the Scottish Government by what date it will to bring forward legislation to deliver the commitment in its Programme for Government to "incorporate the principles of the UN Convention on the Rights of the Child into Scots law".

Current Status: Expected Answer date 14/12/2018

To ask the Scottish Government by what date it will to bring forward legislation to deliver the commitment in its Programme for Government to "incorporate the principles of the UN Convention on the Rights of the Child into Scots law".

To ask the Scottish Government, should the UN Committee on the Rights of the Child recommend raising the internationally-advised minimum age of criminal responsibility to 14 from February 2019, whether it considers that this would (a) necessitate a pause to the legislative process for the Age of Criminal Responsibility (Scotland) Bill to allow further consultation on an uplift to 14 rather than 12 and (b) would impact on its ambition to make Scotland "the best place to grow up" if it sets a minimum age of criminal responsibility of 12.

Current Status: Expected Answer date 14/12/2018

To ask the Scottish Government, should the UN Committee on the Rights of the Child recommend raising the internationally-advised minimum age of criminal responsibility to 14 from February 2019, whether it considers that this would (a) necessitate a pause to the legislative process for the Age of Criminal Responsibility (Scotland) Bill to allow further consultation on an uplift to 14 rather than 12 and (b) would impact on its ambition to make Scotland "the best place to grow up" if it sets a minimum age of criminal responsibility of 12.

To ask the Scottish Government on what date it was made aware of consultation by the UN Committee on the Rights of the Child regarding whether to raise the internationally-advised minimum age of criminal responsibility to 14 from February 2019; whether this was before it published the draft Age of Criminal Responsibility (Scotland) Bill, and what its response is to the consultation.

Current Status: Expected Answer date 14/12/2018

To ask the Scottish Government on what date it was made aware of consultation by the UN Committee on the Rights of the Child regarding whether to raise the internationally-advised minimum age of criminal responsibility to 14 from February 2019; whether this was before it published the draft Age of Criminal Responsibility (Scotland) Bill, and what its response is to the consultation.

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